Glory R. Nath v. State Of Bihar Through, Shri Anshuli Arya Principal Secretary Building Construction Department Govt

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1951 of 2015 ====================================================== Glory R. Nath, Daughter of Late Balakrishnan Regunathan @ B. Raghunathan, permanent address C/o Mr. Chandran Edayilazhykom, village Komalam, Anchal Panchayat, P.S. Anchal, District Kollam, State Kerala, at present residing at Nurses Hostel, Kurji Holy Family Hospital, Kurji, P.S. Patliputra, District Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through Shri Anshuli Arya, Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.

2. Sri Rajendra Prasad Chaudhary, Superintending Engineer, Building Construction Department, Govt. of Bihar.

3. Sri L.D.S. Dhariwal, Accountant General, Bihar, Patna.

4. Smt. Shailja R Nath, widow of Late B. Raghunathan

5. Mrs Rakhee Reju, D/o Late B. Raghunathan

6. Mr Rajesh R Nath, S/o Late B. Raghunathan

7. Mr Rakesh R Nath, S/o Late B. Raghunathan, Opposite Parties Nos. 4 to 7 residents of Jaya Bhawan, Agasthya Kodu, Circle, P.O. and District Kollam, State of Kerala.

8. Golden R. Nath, minor son of Late Balakrishnan Raghunathan, resident under care of his uncle Chandran Edayilazhykom, village- Komalam, Anchal Panchayat, P.S. Anchal, District Kollam.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. K. M. Joseph, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, AC to GP-4 For the Acctt. General : Mrs. Nivedita Nirvikar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-01-2019 Considering the show-cause filed on behalf of the opposite parties and the submissions advanced by the parties, the Court finds that the present case does not warrant interference in contempt proceeding, as there is substantial compliance of the direction issued by the writ Court.

2. The grievance of Mr. K. M. Joseph, learned counsel for the petitioner, is that in terms of the order of the writ Court after attaining the age of 25 years of Glory R. Nath (petitioner)

Patna High Court MJC No.1951 of 2015(5) dt.21-01-2019 2/2 on 16.05.2017, the amount payable to the petitioner is required to be added towards the family pension of Golden R. Nath, the younger brother of the petitioner.

3. Considering the totality of the facts situation when the Court noticed that Golden R. Nath is not the petitioner before this Court, the Court does not find any justification to grant any indulgence or issue any direction, as the scope in contempt jurisdiction is limited because the order of the writ Court is complied with in its letter and spirit. However, liberty shall be available to Golden R. Nath to approach the authority of the Accountant General at Kerala for issuance of authority slip in terms of the direction issued by the writ Court.

4. The Court hopes and trusts that the office of the Accountant General, Kerala will do the needful in compliance of the direction of the writ Court dated 26.02.2013.

5. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U